Mode of fixation of pay in IDA pay scale - Letter to GM(Estb)

No. NU/TN/CHQ                                                             Dated 19/08/2013

To
      The General Manager,

      (Establishment)

      BSNL Corporate Office,

      New Delhi – 110 001.

Sir,

Sub : Mode of fixation of pay in IDA pay scale in respect of absorbed officials

          of BSNL who were promoted prior to 01.10.2000 but opted under FR 22

          I (a) (i) for fixation of their pay in the promoted scale on the date of

          their next increment in the lower grade which falls after 01.10.2000.

Ref : 1) BSNL Case mark 1-5/04-PAT (BSNL)

                                 2) DOT ND letter No:1-1 (1) / 06-PAT dated 17.12.2008.

This union conveys its sincere thanks to BSNL for taking up the above matter with the DOT for reconsideration to withdraw the above letter dated 17.12.2008, though it is unsuccessful. In this connection this union would like to submit the following observations to take up the matter again with the DOT in view of the protest from unions and also to render justice to the employees.

1)      The sole contention of the DPE is that the status of the employee is changed on their absorption in BSNL. It may please be mentioned here that initially the erstwhile DOT employees were on deemed deputation with out deputation allowance till such time they are absorbed finally by the company after they exercise their option. (Para 4(i) and 4(iv) of DOT on No:2-29/2000 Restg  dated 30.09.2000 refers )

2)      Until then the officers and staff shall continue to be subject to all rules and regulations as are applicable to Govt. Servants as per para 4 (v) of the OM cited above.

3)      As per sub para (4) of Rule 37-A of CCS(Pension) Rules, the permanent absorption of the Government servants as employees of PSU or AB shall take effect from the date on which their options are accepted by the government and on and from the date of such acceptance, such employee shall cease to be Govt. servants.

4)      The options for absorption exercised by the DOT employees while they were on deemed deputation were accepted and presidential orders issued in the year 2002 only in almost all cases and the pay of such employees fixed as per their option for pay fixation from the date of next increment. As such the contention of the DPE is not valid so far as to the change of status of the employees, is concerned.

5)      The original order for such fixation of pay from the DNI on promotion of Govt. employees were issued by the DOPT and the DPE has no final say in this matter without referring the case to DOPT. From the note sheet discussion observed by this union (obtained under RTI) it is seen that the file was not sent to DOPT as it was initially suggested vide entries in page 18/N of note sheet.

6)      It may be noted that even within DPE, there is no unanimity among themselves i.e the joint secretary DPE and under secretary DPE as to the method of fixation of pay on option from the DNI vide entries in page 21 & 22 of the note sheets in file 1-1(1)/06-PAT of DOT. The clarification issued by the DOT on 12.09.2006 was also required to be modified as per on No:2(11)/94-DPE(wc) dated 26.04.2007. As such the issue should have been further referred to the DOPT, who is the competent authority in this regard.

7)      It is the admitted fact that the pay of DOT / BSNL employees on their promotion be fixed under FR 22 (I) (a) (i). Opting for fixation of pay from the DNI is the inherent part of this rule and it can not be separated just because the BSNL is formed from 01.10.2000 and the employees lost their status as G/S. It may be noted that even after absorption in BSNL, the employees pay fixation was governed by the provision of FR/SR only.

In view of the above reasons the opinion of the DPE in this matter is not acceptable to us and the case should further be taken up with the secretary DOT by the CMD, BSNL to protect the interest of the BSNL employees. We hope that the needful will be done in this regard at an early date. Copies of the note sheet discussion obtained under RTI Act 2005 from the DOT are enclosed for favour of detailed study in the matter.

Thanking You,

Yours sincerely

(D.CHANDRASEKARAN)

Asst. General Secretary &

CS, FNTO, TN Circle.

Copy to

1)      The GS, NUBSNLW (FNTO), CHQ, ND to pursue the case further with the BSNL.

2)      The Director (HRD), BSNL, New Delhi.

3)      The Director (Finance), BSNL, New Delhi.

4)      The Secretary, DOT, New Delhi.